Ankit Agarwal v. State Of West Bengal
04.01.2022 Item no.1.
Court No.1.
AB (Allowed) CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI (Via Video Conference) CRM No. 1301 of 2021 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bhaktinagar Police Station Case No.1586 of 2021 Dated 17.12.2021 under Sections 379/409/411/414/120B of the Indian Penal Code read with Sections 52/53 of the Indian Post Office Act And In the matter of: Ankit Agarwal ......Petitioner. Mr. Rajdeep Majumdar, Mr. Avrojyoti Das, Mr. Moyukh Mukherjee, Mr. Pritam Roy, Ms. Radhika Agarwal ......for the Petitioner.
Mr. A. S. Chakraborty, ld. APP Mr. Sourav Ganguly ......for the State.
The certified copy of the order of the Jurisdictional Magistrate dated 26.12.2021 is taken on record. The allegation is that a stolen music system (Bose Make) called car scanner was recovered from the petitioner. The petitioner states that he has no connection or nexus with any stealing of such instrument and he has been falsely implicated.
Learned Prosecution Counsel submits that effectively the petitioner is the third transferee of the car scanner in question from whose possession the instrument was recovered. Charge sheet is yet to be filed.
Case Diary has been produced.
Considering the material on record and the nature of transaction as alleged and considering the fact that the petitioner is already in custody for about 17 days, we are of the view that in the facts and circumstances of this case, no further custodial detention of the petitioner is required and he may be enlarged on bail subject to constringent conditions. Accordingly, we direct that the petitioner, namely, Ankit Agarwal shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Additional District Judge, 2nd Court at Jalpaiguri, and on further conditions that he shall not leave the jurisdiction of the Bhaktinagar Police Station without leave of the Officer in Charge of the concerned police station and shall report to the Investigating Officer once in a fortnight until further orders.
The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. In view of the above, C.R.M. No.1301 of 2021 stands allowed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Aniruddha Roy, J.) (Arijit Banerjee, J.)